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Canadian citizen visiting US - Can I legally work on Upwork?

7d19e30e
Active Member
Graham W Member Since: Mar 3, 2021
1 of 6

I'm a Canadian citizen currently visiting the US on a B2 visitors Visa and had a few questions about working on Upwork:

 

Can I legally work remotely in Canada (or other countries) on Upwork even though I'm visiting the US on a B2 Visa?

 

I'm getting married to a US citizen soon, will there be any issues when I go for my green card interview if they see I was working on Upwork while on a B2 visa while in the US?

 

Edit: According to shieldgeo.com it looks like you need a Business/Work Visa if you are physically residing in the US. I also found an article on hykellaw.com stating "...under the US tax code, income from services performed for a foreign employer by someone present in the United States is considered to be 'US source income.'" It goes on to basically say that if you don't have a F-1, J-1, or Q visa it's a legal gray area and you are taking a risk. If anyone knows more about this I would greatly appreciate your insight.

 

https://shieldgeo.com/hiring-remote-workers-in-canada-a-guide-for-us-employers/

https://www.hykellaw.com/remote-work-and-us-immigration-law/#Working_Remotely_from_the_US

feed_my_eyes
Community Guru
Christine A Member Since: May 4, 2016
2 of 6

You should look into this further for confirmation, but I'm pretty sure that you can't freelance on a visitor's visa. A friend of mine was in the same situation as you (marrying an American citizen) and she wasn't allowed to do any remote work of any kind.

7d19e30e
Active Member
Graham W Member Since: Mar 3, 2021
3 of 6
Ok thank you for the response. I asked an immigration lawyer and he wasn't
even sure. From what I've researched online it's a legal gray area and
risky to do.
prestonhunter
Community Guru
Preston H Member Since: Nov 24, 2014
4 of 6

Graham:

Upwork does not determine anybody's eligibility to work legally in any particular place.

But Upwork does ask that you comply with applicable local laws and regulations.

 

Nobody at Upwork - neither employee or Forum participant - would actually be able to tell you for certain what your eligiblity is. There are MANY possible factors involved. You could indeed look up information, and you should be able find resources which (a) indicate that you are eligible, (b) indicate that you are not eligible, and (c) indicate that it is a gray area. The problem is that you are reading static text written who knows how long about by people who have never even met you.

 

Upwork advises users to consult with local experts and authorities.

mwiggenhorn
Community Guru
Mary W Member Since: Nov 10, 2014
5 of 6

Here is the Homeland Security link about this topic-  https://www.uscis.gov/working-in-the-united-states

 

and here is the Social Security link - https://www.ssa.gov/people/immigrants/visa.html

 

Hope this helps.

prestonhunter
Community Guru
Preston H Member Since: Nov 24, 2014
6 of 6

Graham:
Obviously you know many Canadians work legally in the United States, and many U.S. citizens work legally in Canada. If you don't have what you need right now, you can hire people who can advise you. There are even people you can hire on Upwork, although I am not necessarily recommending ONLY considering Upwork as a source of help.

 

https://www.upwork.com/hire/immigration-law-professionals/

 

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